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(영문) 인천지방법원 부천지원 2014.10.02 2014고단1697

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 01:15 on June 10, 2014, the Defendant violated the Aggravated Punishment, etc. of Specific Crimes (accidents against Drivers) committed assault, such as taking a victim into the D taxi and moving it to the river basin operated by C (the age of 55) (the victim) on the Mapo-dong located in Mapo-gu Seoul Metropolitan Government, while the said taxi was moving to the river basin. On the same day, around 01:30 on the same day, the said taxi took the back of the victim who driven without any justifiable reason, making it possible for the said taxi to take the back of the victim who driven the taxi and take the face of drinking.

2. On June 10, 2014, at around 01:31, the Defendant: (a) arrested the Defendant as a flagrant offender; (b) during the process of arresting the Nonindicted Party of the Seoul Mine Police Station F District, who was dispatched to the site after receiving a report from the said C on the 112 notification that the taxi customer frights; (c) arrested the Defendant as a flagrant offender; and (d) assaulted the Defendant by taking back the said G at one time on the back seat of the 112 patrol.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 5-10 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 136 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning criminal facts, the choice of each fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. All the circumstances, including the fact that the defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, appears to have shown to have committed the instant crime by contingency under the influence of alcohol, and that his mistake is against himself, and that the said victim does not want the punishment against the defendant, and that the defendant has no record of criminal punishment.